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SPECIAL CIRCUMSTANCES

SPECIAL CIRCUMSTANCES

Authorities:  18 U.S.C. §§ 930, 1365; 21 U.S.C. § 812; 34 C.F.R. Part 300
 
 
 
  FEDERAL AND STATE REQUIREMENTS

Special circumstances exist if the child:

  • Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of the state educational agency (SEA) or the local educational agency (LEA):
    • The term dangerous weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length;
  • Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of the SEA or the LEA:
    • Controlled substance means a drug or other substance identified under Schedules I, II, III, IV, or V;
    • Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed healthcare professional or that is legally possessed or used under any other authority under the Controlled Substance Act or under any other provision of federal law; or
  • Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the SEA or the LEA:
    • The term serious bodily injury means bodily injury which involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

If special circumstances exist, the LEA may remove the child with a disability under the special circumstances provisions of AUTHORITY OF SCHOOL PERSONNEL.

If the removal is for more than 10 consecutive school days, the LEA must comply with the DISCIPLINARY CHANGE OF PLACEMENT framework and conduct a MANIFESTATION DETERMINATION review:
  • School personnel may remove the child to an interim alternative educational setting without regard to whether the behavior is determined to be a manifestation of the child's disability;
    • As long as the removal is for not more than 45 school days if the behavior is a manifestation of the child's disability; and
  Last Updated : Wed, Apr 19, 2017